Program established; designation of records management officer.

§ 63-3

Definitions.

§ 63-4

Powers and duties of records management officer.

§ 63-5

Records Advisory Board.

§ 63-6

Custody and control of records.

§ 63-7

Disposal of records.

Records are essential to the administration of local government. They
contain the information that keeps government programs functioning. It is
our intent that a records management program be established which will assist
officials in making decisions, administering programs and providing administrative
continuity with past operations. The program would be intended to document
delivery of services, show the legal responsibilities of government and protect
the legal rights of citizens. It will contain information on taxation and
on the management and expenditure of funds. These records will also document
the historical document of government itself, the community and the people
of the Village of Monticello.

There shall be a records management program established under the aegis
of the Village Manager and headed by a records management officer. The Village
Clerk is designated as the records management officer and will be responsible
for administering the current and archived public records in storage areas
for the Village of Monticello in accordance with local, state and federal
laws and guidelines.

Official files, minutes and documents, books, papers, photographs,
sound recordings, microforms or any other materials, regardless of physical
form or characteristics, made or received pursuant to law or ordinance or
in conjunction with the transaction of official village business.

An establishment maintained by the departments or records management
officer for the storage, servicing, security and processing of records which
must be preserved for varying periods of time and need not be retained in
office equipment or space.

The removal by the village in accordance with approved records control
schedules of records no longer necessary for the conduct of business by such
agency through removal methods which may include the disposition of temporary
records by destruction or donation or the transfer of records to a central
storage facility for temporary or permanent storage of records determined
to have historical or other sufficient value warranting continued preservation
and the transfer of records from one village agency to another village agency.

The planning, controlling, directing, organizing, training, promotion
and other managerial activities involved in records creation, records maintenance
and use and records disposition, including records preservation, records disposal
and the records center or other storage facilities.

The records management officer shall have all the necessary powers deemed
appropriate by the Village Manager to carry out the efficient administration,
determination of value, use, preservation, storage and disposition of the
public records kept, filed or received by the officers and departments of
the Village of Monticello.

The records management officer shall continually survey
and examine public records to recommend their classification so as to determine
the most suitable method to be used for the maintaining, storing and servicing
of the following:

The records management officer shall report annually
to the Village Manager and the Board of Trustees on the powers and duties
herein mentioned, including but not limited to the development and progress
of programs to date and planned activities for subsequent years.

There shall be a Records Advisory Board designated to work closely with
and provide advice to the records management officer. The Board shall consist
of the Village Manager, the Village Historian, a Trustee for the Village Board
of Trustees selected by the Mayor, the Village Treasurer and a department
head. The Board shall meet periodically and have the following duties:

The records management officer shall maintain physical custody and the
official responsibility for all records. Department heads shall retain constructive
control and authority over all department records.

No records shall be destroyed or otherwise disposed of by a department
of the Village of Monticello unless approval has been obtained from the records
management officer. No records shall be destroyed or otherwise disposed of
by the records management officer without the express written consent of the
department head having authority.

§ 63-11

Location of records.

§ 63-12

Hours for public inspection.

§ 63-13

Procedure for requests.

§ 63-14

Subject matter list.

§ 63-15

Denial of access; appeals.

§ 63-16

Fees.

§ 63-17

Public notice.

The people's right to know the process of governmental
decisionmaking and to review the documents and statistics leading to determinations
is basic to our society. Access to such information should not be thwarted
by shrouding it with the cloak of secrecy or confidentiality.

Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records. The
designation of records access officers shall not be construed to prohibit
officials who have in the past been authorized to make records or information
available to the public from continuing to do so. Records access officers
shall ensure that personnel:

A request shall reasonably describe the record or records
sought. Whenever possible, a person requesting records should supply information
regarding dates, file designations or other information that may help to describe
the records sought.

If the records access officer does not provide or deny
access to the record sought within five business days of receipt of a request,
he or she shall furnish a written acknowledgment of receipt of the request
and a statement of the approximate date when the request will be granted or
denied. If access to records is neither granted nor denied within 10 business
days after the date of acknowledgment of receipt of a request, such failure
may be construed as a denial of access that may be appealed.

The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in its possession,
whether or not records are available pursuant to Subdivision 2 of § 87
of the Public Officers Law.

The following person or persons or body shall hear appeals
from denial of access to records under the Freedom of Information Law: the
Village Manager of the Village of Monticello, 2 Pleasant Street, Monticello,
New York 12701, (914) 794-6130.

The person or body designated to hear appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt of
appeals. Such copies shall be addressed to the Committee on Open Government,
Department of State, 162 Washington Avenue, Albany, New York 12231.

The person or body designated to hear appeals shall inform
the appellant and the Committee on Open Government of its determination in
writing within 10 business days of receipt of an appeal. The determination
shall be transmitted to the Committee on Open Government in the same manner
as set forth in Subsection F of this section.

A notice containing the title or name and business address of the records
access officers and appeals person or body and the location where records
can be seen or copied shall be posted in a conspicuous location wherever records
are kept and/or published in a local newspaper of general circulation.